HomeMy WebLinkAbout19506 - RESOLUTIONS - 4/21/1999 RESOLUTION NO. i gnn6
OF THE CITY OF PALM SPRINGS,
' CALIFORNIA PROVIDING FOR THE
TRANSFER AND ASSIGNMENT OF A
CABLE TELEVISION FRANCHISE
- - - - - - - - - - - - - - -
WHEREAS, the City of Palm Springs, California("Franchising Authority") has granted to
MediaOne Enterprises, Inc. ("Transferor") or its predecessor in interest, a franchise to
operate a cable television system (the"System") pursuant to Ordinance No. 0-1295 dated
January 20, 1988 and Agreement No. A-2792 dated November 15, 1989 (the
"Franchise");
WHEREAS, Transferor has entered into an Asset Exchange Agreement with Summit
Cable Services of Georgia, Inc., d/b/a/Time Warner Cable ("Time Warner"), pursuant to
which Transferor will transfer substantially all of the assets of the System, including its
rights under the Franchise, to Time Warner as transferee; and
WHEREAS, Transferor and Time Warner have requested Franchising Authority's consent
to the transfer and assignment of the Franchise by Transferor to Time Warner, and have
filed a FCC Form 394 with Franchising Authority relating to such transfer;
' NOW, THE, BE IT RESOLVED, by the City Council of the City of Palm
Springs, California that;
Section 1: The Franchising Authority authorizes and consents to the transfer and
assignment of the Franchise from Transferor to Time Warner. Time
Warner shall assume the obligations of Transferor under the Franchise that
relate to periods from and after the date on which Time Warner acquires
the System.
Section 2: The foregoing consent to the transfer and assignment of the Franchise shall
be effective upon Time Warner's acquisition of the System, at which time
Transferor shall be deemed released from all obligations and liabilities
under the Franchise that relate to periods from and after such date. Notice
of the date of Tme Warner's acquisition of the System shall be given to
Franchising Authority.
Section 3: Franchising Authority confirms that: (a) the Franchise was properly
granted or transferred to Transferor; (b) the Franchise currently is in full
force and effect and expires on December 1, 2004; (c) Transferor is
recognized as the present holder and owner of the Franchise; (d) the
Franchise supersedes all other agreements between Franchising Authority
' and Transferor and represents the entire understanding between
Franchising Authority and Transferor with respect to the System and
Transferor's provision of cable television and other telecommunications
services within the areas covered by the Franchise; (e) Transferor is in
compliance in all material respects with the Franchise; and (f) no event has
occurred or exists that would constitute a material default or breach under
the Franchise or that would permit Franchising Authority to revoke or
terminate the Franchise.
Section 4: Time Warner may transfer the Franchise or control related thereto to any
entity which it controls, is controlled by or is under common control with,
upon notice to Franchising Authority.
R19506
Page 2
Section 5: This Resolution shall have the force of a continuing agreement among
Transferor, Time Warner and Franchising Authority, and Franchising
Authority shall not ,amend or otherwise alter this Resolution without the
consent of Transferor and Time Warner.
ADOPTED TIES 21st _day of April 1999. '
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin adn Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS,-CALIFORNIA
By C
L' y Clerk City Ma ager
REVIEWED & APPROVED AS TO FORM